Changes in Insurance May Affect Your Personal Injury Claim | VA

 Posted on September 11, 2024 in Uncategorized

Virginia has recently seen several changes in auto insurance law, which could have ramifications for many Virginia drivers who are involved in auto accidents. These changes include the elimination of the liability credit, mandatory auto insurance, and an increase in minimum limits. In 2022, there were 122,434 auto accidents in the state of Virginia; 1,005 fatalities and 59,404 serious injuries resulted from those accidents. Almost 20 percent of these auto accidents involved excessive speed, while 6,910 were alcohol-related.

In today’s economy, it can be difficult to maintain insurance on your vehicle, and, in fact, about 12 percent of Virginia drivers are uninsured. While this is lower than the national average of 14 percent, if one of those uninsured drivers hits you and you do not carry uninsured/underinsured motorist coverage, you could be left with serious injuries, perhaps unable to work and make a living, and unable to pay your normal monthly bills.

If you are involved in a car accident and are unsure what you need to do to ensure your rights and your future are protected, you need an experienced Herndon, VA auto accident attorney from Immigration Legal Advisors, PLLC. Attorney Josue Ruiz fully understands the challenges you face after being injured in an accident caused by a negligent driver and is ready to help you through this difficult time.

How Your Uninsured/Underinsured Motorist Coverage Has Changed

The first change in auto insurance law involves eliminating the liability credit for uninsured/underinsured motorist coverage. If you or a family member are involved in a motor vehicle accident with a driver whose insurance will not fully cover your injuries, lost wages, and pain and suffering – or a driver who has no insurance at all – the amount of insurance coverage you have can significantly impact how much you can recover for your damages.

As of July 1, 2023, the amount you can recover from your uninsured/underinsured motorist coverage will no longer be reduced by the underinsured motorist’s liability coverage amount. You will be able to obtain the full amount stated on your policy. Prior to this new law, if you carried $100,000 in underinsured motorist coverage and were injured by a driver with $50,000 in liability coverage, you would have only been able to collect $50,000 for your damages, even if your damages reached $150,000. Since this change, you are now able to collect the entire $100,000 from your own insurance company. 

Auto Insurance is Now Mandatory in the State of Virginia

As of July 1, 2024, every person in the state who applies for registration on a motor vehicle must have insurance on that vehicle. If you neglect to submit proof of insurance within 30 days of the Commissioner's request, you will have your driver’s license, registration, and license plate suspended.

Once you have furnished proof of liability insurance coverage and paid the $600 fee for noncompliance, those suspensions will be lifted. Prior to this new law, a driver could register an uninsured vehicle by paying $500 each year to the Department of Motor Vehicles in lieu of carrying auto insurance. The minimum required amounts are covered under the Code of Virginia.

An Increase in Minimum Auto Insurance Limits is Coming Soon

As of January 1, 2025, all drivers will be required to have a minimum liability limit of $50,000 per bodily injury or death and $100,000 for uninsured/underinsured motorist coverage. Virginia law now requires uninsured/underinsured motorist coverage limits to be at least equal to the minimum liability limit, which means $50,000 per person and $100,000 per accident. Together, these changes mean that almost every Virginia personal injury case resulting from auto collisions will involve at least $100,000 in insurance coverage.

Contact a Fairfax County, VA Auto Accident Attorney

When you speak to a knowledgeable Herndon, VA auto accident attorney from Immigration Legal Advisors, PLLC, you have taken an important first step in having a skilled legal professional evaluate the facts and circumstances of your case and then fight for the compensation you need and deserve. You need a strong legal advocate during this difficult time. Contact Immigration Legal Advisors, PLLC at 571-441-2233 today to schedule your free consultation.